DETAILED ACTION
This communication is a Final Rejection Office Action in response to the 2/20/2026 filling of Application 18/849,636. Claims 1-5, 7, 9-17 are now presented.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to the rejection under 101 have been fully considered and are persuasive. The101 rejections has been withdrawn.
Applicant’s arguments with respect to the prior art have been considered but are moot because arguments do not apply to the new grounds of rejection.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “the backend application programmed to…” in claims 1-5, 8, 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Para. 34 of the Applicant’s disclosure states “It will be understood that the backend application 22 may be hosted on one or more servers or individual user devices, which are connected to the wide-area network 24.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 4, 6, 7, 9, 10, 11, 12, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho US 2022/0172594 A1 as applied to claim 1 and in further view of Koenen US 2021/0408820 A1 and in further view of Lacher US 2018/0256027 A1.
As per Claim 1 Cho teaches a workforce optimization system, comprising:
a worker tracking device for being carried by individual workers;
Cho para. 79 teaches FIG. 1 is an exemplary productivity and safety tracking system 100 (also referred to herein as an “indoor tracking system” 100) in accordance with an illustrative embodiment. The tracking system 100 includes a plurality of portable personal tracking apparatus 102 (shown as 102a, 102b, and 102c) (also referred to herein as a personal protection unit (PPU)) attachable to a safety vest or garment and extremity of each person 104 (shown as 104a, 104b, and 104c) to provide data for worker motion and action recognition for the monitoring of productivity and safety. As shown in FIG. 1, the tracking system 100 includes a first portable personal tracking apparatus 102a, a second portable personal tracking apparatus 102b, and a third portable personal tracking apparatus 102c.
a tool tracking device for being disposed on a tool, the tool tracking device configured for data communication with the worker tracking device; Cho para. 115 teaches the site proximity safety sensing system 500 includes a personal protection unit (PPU) 504 configured to generate an alert based on sensed proximity to hazardous areas defined by transmitted signals (shown as 508) from an equipment protection unit (EPU) (506) or a beacon device (e.g., 502). The transmitted signal (e.g., 508) may be based on Bluetooth, Tread, or other short-range low power communication protocol. The controller of the personal protection unit 504 generates an alarm to warn the worker and additionally transmit an alert signal to the nearby equipment protection unit 506, which is configured to generate an alert on the equipment protection unit 506 to potentially warn the equipment operator of the nearby worker. As shown in FIG. 5C, the EPU (e.g., 506) may similar generate an alert based on sensed proximity to hazardous areas defined by a beacon (e.g., 502) or an indication when in proximity to a PPU (e.g., 504). The PPU and EPU (e.g., 504, 506) may generate a proximity-triggered event (shown as “Incident report” 510a and 510b, respectively) to the remote server 116 (shown as “Cloud Server” 512). FIG. 6E shows an image of a prototype equipment protection unit (e.g., 506). The EPU prototype of FIG. 6E includes directional indicators that provide a direction of a proximity-triggered event.
a management device; Cho para. 135 teaches the remote servers (e.g. 116, 512), in some embodiments, control the PPU and EPU devices (e.g., 504, 506) to update the software of PPU and EPU devices remotely. The remote servers (e.g. 116, 512) also collects all the sensor data from the deployed devices (e.g., 504, 506). The data may be processed and converted to statistical data and can be monitored with a Web User Interface (UI). A construction site manager may connect to the UI with a web browser to monitor the current status and statistical data. The UI displays the current location and status of each worker. Beacons' locations, equipment information, worker information can also be configured with the UI.
a backend application in data communication with the worker tracking device, the tool tracking device, and the management device, the backend application programmed to receive information from the worker tracking device and the tool tracking device, process the received information, and transmit the processed information to the management device. Cho para. 135 teaches The remote servers (e.g. 116, 512), in some embodiments, control the PPU and EPU devices (e.g., 504, 506) to update the software of PPU and EPU devices remotely. The remote servers (e.g. 116, 512) also collects all the sensor data from the deployed devices (e.g., 504, 506). The data may be processed and converted to statistical data and can be monitored with a Web User Interface (UI). A construction site manager may connect to the UI with a web browser to monitor the current status and statistical data. The UI displays the current location and status of each worker. Beacons' locations, equipment information, worker information can also be configured with the UI. Further, Cho para. 23 teaches in another aspect, a method is disclosed of monitoring productivity and safety, the method comprising retrieving, through a network, at a monitoring computing device (e.g., backend servers), one or more inertial measurement data sets having been acquired from a portable personal tracking apparatus attached to a safety vest or garment, wherein the one or more inertial measurement data sets includes inertial measurement data acquired at a first torso location of the safety vest or garment and inertial measurement data acquired at a second torso location of the safety vest or garment; classifying, at the monitoring computing device, sequenced motion of a person wearing the safety vest or garment using the retrieved one or more inertial measurement data sets, wherein the classified sequenced motion is selected from the group of a person standing, bending-up, bending, bending-down, squatting-up, squatting, walking, twisting, working overhead, and kneeling; and storing, at the monitoring computing device, the classified sequenced motion, wherein the classified sequenced motion is subsequently curated to at a monitoring application executing at a monitoring terminal for the monitoring of productivity or safety of the person.
Cho does not teach and a vehicle configured for storage of the tool, However, Koenen para. 2 teaches a vehicle (e.g., a trailer) may be used to transport various types of equipment, including outdoor power equipment, vehicles, aerial man lifts, floor care devices, golf carts, lift trucks and other industrial vehicles, recreational utility vehicles, industrial utility vehicles, lawn and garden equipment, and energy storage or battery backup systems. Outdoor power equipment includes lawn mowers, riding tractors, snow throwers, pressure washers, portable generators, tillers, log splitters, zero-tum radius mowers, walk-behind mowers, riding mowers, and turf equipment such as spreaders, sprayers, seeders, rakes, and blowers. Outdoor power equipment may, for example, use one or more electric motors to drive an implement, such as a rotary blade of a lawn mower, a pump of a pressure washer, the auger of a snow thrower, and/or a drivetrain of the outdoor power equipment. Vehicles include cars, trucks, automobiles, motorcycles, scooters, boats, all-terrain vehicles (ATVs), personal water craft, snowmobiles, utility vehicles (UTVs), and the like. Para. 27 teaches The sensors circuit 208 can be configured to monitor and manage the sensors of the power equipment 106. In some embodiments, the sensors circuit 208 is configured to gather data from several sensors, process the data, and alternatively deliver the processed data to the other circuits as needed, such as the location circuit 214 or the battery power circuit 216. For example, location data from a GPS sensor of the power equipment 106 can be processed by the sensors circuit 208 and output to the location circuit 214 to finish determining a location of the power equipment (e.g., 100 feet away). In other embodiments, the sensors circuit 208 processes inputs received from the battery supply of the power equipment 106 (e.g. internal temperature, current, voltage, etc.) and determines a health risk for the battery supply. The sensors circuit 208 can also process and provide an output of how much remaining time the power equipment 106 can run off the battery supply before needing to recharge. Para. 59 teaches Alternatively, or additionally, the one or more processors may be internal and/or local to the apparatus. In this regard, a given circuit or components thereof may be disposed locally (e.g., as part of a local server, a local computing system, etc.) or remotely (e.g., as part of a remote server such as a cloud based server). To that end, a “circuit” as described herein may include components that are distributed across one or more locations. Both Cho and Koenen are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include and a vehicle configured for storage of the tool as taught by Koenen to improve job efficiency by allowing the storage of multiple tools (see para. 16)
Cho does not teach the vehicle including a vehicle tracking device in data communication with the backend application, wherein the vehicle includes a tool latch movable between a locked position and an unlocked position, wherein the backend application is programmed to lock or unlock the tool latch in response to signals transmitted from the worker tracking device. However, Lacher para. 22 teaches the access system according to this disclosure for a motor vehicle comprises the wrist computer disclosed herein, or an advantageous embodiment of the disclosed wrist computer, a locking system on board the vehicle for locking and unlocking the motor vehicle, a radio module on board the vehicle, and a biometric access device on board the vehicle. The biometric access device is configured to actuate the locking device for locking and/or unlocking the motor vehicle only when a predefined biometric feature of a person has been detected by the biometric access device, and when a user identification associated with the person has been transmitted by way of the radio module of the wrist computer via a wireless connection to the radio module on board the vehicle. Both Cho in view of Koenen and Lacher are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include the vehicle including a vehicle tracking device in data communication with the backend application, wherein the vehicle includes a tool latch movable between a locked position and an unlocked position, wherein the backend application is programmed to lock or unlock the tool latch in response to signals transmitted from the worker tracking device as taught by Lacher to improve workplace safety by providing a reliable way to allow or restrict a user access to a tool.
As per Claim 2 Cho teaches the workforce optimization system of claim 1, wherein the backend application is programmed to generate a dashboard displaying status of at least one of the worker and the tool and transmit the dashboard to the management device for display. See Cho Fig. 5F
As per Claim 4 Cho teaches the workforce optimization system of claim 1, wherein the backend application is programmed to track at least one of a location of the worker and usage of the tool by a worker in response to signals from the worker tracking device and the tool tracking device. Cho para. 137 teaches in FIG. 5F, GUI displays data of the frequency that a given worker (shown as 514a, 514b, 514c) has triggered a proximity alert. The interface of FIG. 5F also shows the frequency of equipment, worker, or geofenced alerts for a given day or work shift (shown as 516, 518, and 520, respectively). The interface of FIG. 5F also shows the frequency of equipment, worker, or geofenced alerts for a given week or month (shown as “Historical Data” 522, 524, 526, respectively).
As per Claim 10 Cho teaches the workforce optimization system of claim 1, wherein the backend application is programmed to track job information in response to a signal from the worker tracking device. Cho para. 132 teaches the proximity safety sensing system may support granular alert configurations, for example, based on workers and/or roles. In some embodiments, every worker in the system is categorized by the specific role or job, and the alert conditions and frequencies may be configured differently for the workers' roles or jobs. In some embodiments, the system may mute the alert of the worker's PPU remotely if the worker occasionally operates an equipment. A remote manager may control the system via the web interface. If the configuration changes, it is sent to the entities in the mesh network and broadcasted to all PPUs.
Claims 11 and 12 recite similar limitation to those recited in claims 1 and 2 and are rejected for similar reasons. Further, Cho teaches A workforce optimization method, comprising the recited steps (see Cho Abstract)
As per Claim 7 Cho does not teach the workforce optimization system of claim 6, wherein the vehicle tracking device is programmed to track the presence of the tool tracking device within the vehicle. However, Koenen para. 27 teaches The sensors circuit 208 can be configured to monitor and manage the sensors of the power equipment 106. In some embodiments, the sensors circuit 208 is configured to gather data from several sensors, process the data, and alternatively deliver the processed data to the other circuits as needed, such as the location circuit 214 or the battery power circuit 216. For example, location data from a GPS sensor of the power equipment 106 can be processed by the sensors circuit 208 and output to the location circuit 214 to finish determining a location of the power equipment (e.g., 100 feet away). In other embodiments, the sensors circuit 208 processes inputs received from the battery supply of the power equipment 106 (e.g. internal temperature, current, voltage, etc.) and determines a health risk for the battery supply. The sensors circuit 208 can also process and provide an output of how much remaining time the power equipment 106 can run off the battery supply before needing to recharge. Para. 38 teaches in some embodiments, the location circuit 316 is configured to determine the position of the transportation vehicle 104. In other embodiments, the location circuit 316 is configured to calculate a future location for the transportation vehicle 104 and determine a route to that location. This information can then be transmitted to the IoT circuit 310 to calculate whether the transportation vehicle 104 has sufficient fuel or energy to reach the next location. The IoT circuit 310 may then determine if the engine of the transportation vehicle can be used to recharge a battery supply of one or more pieces of power equipment 106 within the transportation vehicle 104. The location circuit 316 may determine the position of the transportation vehicle 104 from location data received by a GPS sensor of the transportation vehicle 104. In some embodiments, the location circuit 316 is configured to output the position of the transportation vehicle 104 to the IoT circuit 310. The position of the transportation vehicle 104 may then be transmitted to one or more controllers 108 of several pieces of power equipment 106 within a tracked fleet of equipment and/or a mobile device 114. As such, the distance between each piece of power equipment 106 and the transportation vehicle 104 can be determined. Further, users of mobile devices 114 (e.g., a manager of the fleet of equipment, operators of the fleet of equipment) may be able to view and track the location of the transportation vehicle 104. The location circuit 316 can also be configured to provide the location of the transportation vehicle 104 to the user interface circuit 312. Accordingly, an operator of the transportation vehicle 104 (e.g., a driver) may be able to navigate through a determined route for the transportation vehicle 104 to reach a new job site. Both Cho and Koenen are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include wherein the vehicle tracking device is programmed to track the presence of the tool tracking device within the vehicle as taught by Koenen to improve job efficiency by allowing the storage and tracking of multiple tools (as suggested by para. 16)
As per Claim 9 Cho does not teach the workforce optimization system of claim 6, wherein the vehicle includes a charging power source coupled to a charger for a battery pack. However, Koenen para. 28 teaches the IoT circuit 210 may be configured to communicate with one or more user devices (e.g., mobile device 114) over the network 102 via the communication interface 218. In some embodiments, this allows a user (e.g., a manager of a fleet of power equipment 106) to access the controller 108 to change operation of the power equipment 106 via mobile device 114. The mobile device 114 may include one or more client-side and/or operator-side applications which may be configured to directly communicate to the controller 108 via the communication interface 218. For example, the IoT circuit 210 may receive an instruction sent by a manager from the mobile device 114 to power down the battery or motors of the power equipment 106 via NFC, Zigbee, Bluetooth, etc. In some embodiments, the IoT circuit 210 receives data from the other circuits of the controller 108, processes the data, and transmits the data to mobile device 114 or to a cloud-based IoT system via the communication interface 218 over network 102. The IoT circuit 210 can include several software applications configured to receive instructions from the communication interface 218 and process the data received. In some embodiments, the IoT circuit 210 may transmit the state-of-charge (SoC) of a battery of the power equipment 106 to the network 102. Therefore, a manager may be able to determine whether the battery can be used to recharge other power equipment 106 and/or whether sufficient power is available from the transportation vehicle 104 to recharge the battery of the power equipment 106 if needed. In some embodiments, the IoT circuit 210 may transmit variables of the corresponding piece of power equipment 106, such as a location, speed, efficiency, time since motors began running (i.e., operating), time since the power equipment 106 was last charged by the charging system of the transportation vehicle 104, estimated run-time, etc. Both Cho and Koenen are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include wherein the vehicle includes a charging power source coupled to a charger for a battery pack as taught by Koenen to improve job efficiency by allowing the charging of multiple tools on the storage vehicle (as suggested by para. 16).
As per Claim 14 Cho does not teach the method of claim 11, further comprising: providing a vehicle configured for storage of the tool, the vehicle including a vehicle tracking device in data communication with the backend application; and However, Koenen para. 2 teaches a vehicle (e.g., a trailer) may be used to transport various types of equipment, including outdoor power equipment, vehicles, aerial man lifts, floor care devices, golf carts, lift trucks and other industrial vehicles, recreational utility vehicles, industrial utility vehicles, lawn and garden equipment, and energy storage or battery backup systems. Outdoor power equipment includes lawn mowers, riding tractors, snow throwers, pressure washers, portable generators, tillers, log splitters, zero-tum radius mowers, walk-behind mowers, riding mowers, and turf equipment such as spreaders, sprayers, seeders, rakes, and blowers. Outdoor power equipment may, for example, use one or more electric motors to drive an implement, such as a rotary blade of a lawn mower, a pump of a pressure washer, the auger of a snow thrower, and/or a drivetrain of the outdoor power equipment. Vehicles include cars, trucks, automobiles, motorcycles, scooters, boats, all-terrain vehicles (ATVs), personal water craft, snowmobiles, utility vehicles (UTVs), and the like. Para. 27 teaches The sensors circuit 208 can be configured to monitor and manage the sensors of the power equipment 106. In some embodiments, the sensors circuit 208 is configured to gather data from several sensors, process the data, and alternatively deliver the processed data to the other circuits as needed, such as the location circuit 214 or the battery power circuit 216. For example, location data from a GPS sensor of the power equipment 106 can be processed by the sensors circuit 208 and output to the location circuit 214 to finish determining a location of the power equipment (e.g., 100 feet away). In other embodiments, the sensors circuit 208 processes inputs received from the battery supply of the power equipment 106 (e.g. internal temperature, current, voltage, etc.) and determines a health risk for the battery supply. The sensors circuit 208 can also process and provide an output of how much remaining time the power equipment 106 can run off the battery supply before needing to recharge. Para. 59 teaches Alternatively, or additionally, the one or more processors may be internal and/or local to the apparatus. In this regard, a given circuit or components thereof may be disposed locally (e.g., as part of a local server, a local computing system, etc.) or remotely (e.g., as part of a remote server such as a cloud based server). To that end, a “circuit” as described herein may include components that are distributed across one or more locations.
is the backend application to track the location of the vehicle based on signals from the vehicle tracking device. Koenen para. 38 teaches in some embodiments, the location circuit 316 is configured to determine the position of the transportation vehicle 104. In other embodiments, the location circuit 316 is configured to calculate a future location for the transportation vehicle 104 and determine a route to that location. This information can then be transmitted to the IoT circuit 310 to calculate whether the transportation vehicle 104 has sufficient fuel or energy to reach the next location. The IoT circuit 310 may then determine if the engine of the transportation vehicle can be used to recharge a battery supply of one or more pieces of power equipment 106 within the transportation vehicle 104. The location circuit 316 may determine the position of the transportation vehicle 104 from location data received by a GPS sensor of the transportation vehicle 104. Both Cho and Koenen are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include providing a vehicle configured for storage of the tool, the vehicle including a vehicle tracking device in data communication with the backend application; and is the backend application to track the location of the vehicle based on signals from the vehicle tracking device as taught by Koenen to improve job efficiency by keeping track of vehicles and equipment (as suggested by para. 16).
Claim 15 recites similar limitation to those recited in claim 7 and is rejected for similar reasons. Further, Cho teaches A workforce optimization method, comprising the recited steps (see Cho Abstract)
Claims 16 recite similar limitation to those recited in claims 1 and is rejected for similar reasons. Further, Cho teaches A workforce optimization system, comprising the recited limitations (see Cho Abstract)
Claim(s) 3, 5, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho US 2022/0172594 A1 as applied to claim 1 and in further view of Bauer US 2021/0375121 A1.
As per Claim 3 Cho does not teach The workforce optimization system of claim 1, wherein the backend application is programmed to permit or deny the worker access to the tool based on predetermined criteria. However, Bauer para. 75 teaches according to embodiments, the wearable device 1 (and/or the monitoring system 160) may be configured to control a vehicle 110 or equipment 120, in which the user intends to use, to be able to be operated (e.g. to turn on the vehicle 110 or equipment 120 or otherwise make the vehicle 110 or equipment 120 operable) or unable to be operated (e.g. locked out) based on determining whether the user is qualified to operate the vehicle 110 or equipment 120. For example, the wearable device 1 (and/or the monitoring system 160) may analyze sensor inputs of the sensor & switch system 10 of the wearable device 1 to determine whether the user is in sufficient health to operate the vehicle 110 or equipment 120 and/or may determine whether the profile of the user includes an appropriate safety rating or performance that indicates the user is qualified to use the vehicle 110 or equipment 120. In an embodiment, while a user of a wearable device 1 is operating one or more vehicles 110 or equipment 120, the wearable device 1 (and/or the monitoring system 160) may be configured to receive sensor inputs (e.g. inputs from the sensor & switch system 10 of the wearable device 1, and/or the vehicle 110 or equipment 120, and/or other sensors such as cameras external to the vehicle 110 or equipment 120) and track performance and rate of the user for each vehicle 110 and equipment 120 used. In an embodiment, the wearable device 1 (and/or the monitoring system 160) may store a record of the performance and rate of the user in the profile of the user, and may determine one or more safety ratings of the user based on the performance and rate tracked. The one or more safety ratings may be stored in the profile of the user. In an embodiment, the wearable device 1 (and/or the monitoring system 160) may be configured to cause a vehicle 110 or equipment 120 to lock out (e.g. power lock out) after a safety trip of the vehicle 110 or equipment 120 is detected indirectly or directly by the wearable device 1 (and/or the monitoring system 160). Following the safety trip, a supervisor may have to reset the vehicle 110 or the equipment 120 for operation. Both Cho and Bauer are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include wherein the backend application is programmed to permit or deny the worker access to the tool based on predetermined criteria as taught by Bauer to improve workplace safety by only allowing operation of equipment when workers meet defined criteria (as suggested by para, 75).
Claim 13 recites similar limitation to those recited in claim 3 and is rejected for similar reasons. Further, Cho teaches a workforce optimization method, comprising the recited steps (see Cho Abstract)
As per Claim 5 Cho does not teach the workforce optimization system of claim 1, wherein the backend application is programmed to track at least one health parameter of the worker in response to signals from the worker tracking device. However, Bauer para. 77 teaches According to embodiments, the wearable device 1 (and/or the monitoring system 160) may be configured to track performance of a user for each vehicle 110 and equipment 120 the user operates based on received sensor inputs (e.g. inputs from the sensor & switch system 10 of the wearable device 1, and/or the vehicle 110 or equipment 120, and/or other sensors such as cameras external to the vehicle 110 or equipment 120) and track activity (e.g. personal movement and other characteristics, including health characteristics such as energy levels, heart rate, pulse, oxygen, temperature) of the user. The wearable device 1 (and/or the monitoring system 160) may be configured to store and display statistics on performance of operating a vehicle 110 (and/or equipment 120) versus the activity of the user, including statistics indicating the performance of the user operating the vehicle 110 (and/or equipment 120) at difference activity levels (e.g. low, average, and high) of the user. Both Cho and Bauer are directed to monitoring work environments. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the Applicant’s invention to modify the teachings of Cho to include wherein the backend application is programmed to track at least one health parameter of the worker in response to signals from the worker tracking device as taught by Bauer to improve workplace safety by only allowing operation of equipment when workers meet defined criteria (as suggested by para. 75).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEIRDRE D HATCHER whose telephone number is (571)270-5321. The examiner can normally be reached Monday-Friday 8-4:30.
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/DEIRDRE D HATCHER/Primary Examiner, Art Unit 3625
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